Design Patent

Preparation and Filing of a U.S. Design Patent Application:

Legal Fee – approximately $1,500 – $3,000 and depending upon the effort required to fully describe and claim your invention, Expenses – USPTO Filing Fees – $380, assuming you are entitled to pay “small entity” fees, plus possible expenses for necessary line drawings (e.g., $100/sheet).

Prosecution of a U.S. Design Patent Application:

  • Response to USPTO Office Action/s which gives the USPTO’s feedback on the Application (A necessary step in >90% of design applications): Legal Fee – because the amount of work required at this stage will be a function of the USPTO’s feedback, it is difficult to quote typical legal fees for this step; recognizing that a Response to more than one Office Action may be required, it is hoped that these legal fees can be held to $2,000 or less.
  • Filings In Response to a Notice of Allowance & the subsequent Issuance to you of a Patent: Legal Fee – approximately $500, Expenses – USPTO Issuance Fees – $510.
  • Maintenance Fees– there are none for a design patent whose life is 15 years from its date of issue.
  • Foreign Application. Depending upon your interest in foreign patent protection, within six months of filing a U.S. patent application or your invention’s public disclosure, you will need to apply for your foreign patent rights – typically by making one or more Paris Convention (PC) filings. Legal Fee – it is hoped the initial legal fees can be held to $1,000 or less for each PC filing, Expenses – typical initial PC filing expenses are on the order of $1,000 per filing.